Legal Opinion

McDonald v. Smalley

Supreme Court of the United States

Decided February 21, 1828PublishedCited by 47 opinions

THIS was an -appeal, from the Circuit Court of Ohio, by the .¡complainant in that Court, on a bib filed in the Cháncery side.of the Court; the object of which was, through the aid of that Court,'tp ofitain a conveyance of á tract of land, situated in the state of Ohio.

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THIS was an -appeal, from the Circuit Court of Ohio, by the .¡complainant in that Court, on a bib filed in the Cháncery side.of the Court; the object of which was, through the aid of that Court,'tp ofitain a conveyance of á tract of land, situated in the state of Ohio. The complainant, a citizen óf th'e átate of Alabama,’ derived title under a conveyance- from Duncan- M’Arthur, a citizen ■of Ohio; and the only point decided in the Circuit Court, was upon the question of jurisdiction. The Circuit Court dismissed,the bill, "for-Want of jurisdiction; and the .complainant appealed to this Court."…

1Opinion of the CourtChief Justice Marshall

delivered the opinion of the Court.—

This suit was instituted in the Circuit Court ojf the.United States for the seventh- Circuit, and district' of Ohio, to obtain a conveyance of a tract of land,' lying in' what is termed “ the military. district;'” ■ claimed by the complainant under a patent, younger than, that under which it is held by the • defendants. The complainant is a- citizen of Alabama; and. claims the land under a conveyance from Duncan M’Arthur, who is a citizen of Ohio. The defendants. objected to the, jurisdiction of the Court; and after Fearing the parties upon this point, the.…

2Cited by47 opinions

  1. Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
  2. Barney v. Baltimore CitySupreme Court of the United States · 1868
  3. Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
  4. Lehigh Mining & Manufacturing Co. v. KellySupreme Court of the United States · 1895
  5. Cheever v. WilsonSupreme Court of the United States · 1870

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